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COLLECTIVE AGREEMENT
BETWEEN:
ONTARIO CONCRETE & DRAIN CONTRACTORS' ASSOCIATION
- and-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
183
-and-
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL
May 1, 2013 -April 30, 2016
793
COLLECTIVE AGREEMENT
BETWEEN:
THE ONTARIO CONCRETE & DRAIN CONTRACTORS' ASSOCIATION
-AND-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
183
-AND-
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
TABLE OF CONTENTS
ARTICLE I
PURPOSE ...............•.....................••.......................•..•.....................•.•...................••.... 2
ARTICLE 2 -
RECOGNITION ..............•..•.......................•......................••.....................•.•................. 2
ARTICLE 3 -
UNION SECURITY .....................•.....................•..........................•.....................•......... 3
UNION DUES AND WORKING DUES .....•..•.........................•.....................•.•............ .4
LAY-0FF PROCEDURE OF LOCAL 793 .............................................•.................•.• ..4
ARTICLE 4 -
BREACH OF COLLECTIVE AGREEMENT BY EMPLOYER .......•..•.......................••......... .4
ARTICLE 5
-
MANAGEMENT RIGHTS .......................................•........................•............................ 5
ARTICLE 6 -
GRIEVANCE PROCEDURE .................•.•..•........................•......................•.................•. .5
ARTICLE 7 -
ARBITRATION .....................•.•....................•..•.......................•..•....................•........... 6
ARTICLE 8 -
MANAGEMENT GRIEVANCES & UNION GRIEVANCES .........................................•...... 7
ARTICLE 9
ARTICLE
- THE RIGHT TO HONOUR LAWFUL PICKET LINES ...............•....................•..•............... 8
10 - STATUTORY HOLIDAYS, VACATION ALLOWANCE, HOURS OF WORK,
WAGE RATES, ETC .........•..•.................•..•.........................•.......................•................ 8
ARTICLE
11- UNIONREPRESENTATION ........•.•.....................•..•.......................•.............................. 8
ARTICLE 12- PRODUCTIVITY .........••.•..................•.•.•.........................•.......................••................•.. 9
ARTICLE
13- SAFETY, SANITATION & SHELTER.......................................................................... .11
ARTICLE 14 -
COFFEE AND LUNCH BREAKS ................................................................................. 12
OCDCA & LIUNA Local 183 2013-2016 Collective Agreement
(i)
ARTICLE 15 -
GOVERNMENT LEGISLATION .................................................................................. 13
ARTICLE 16- WELFARE, LONG TERM CARE, RETIREE'S BENEFITS,
PENSION AND CECOF FOR MEMBERS OF LOCAL 183 ........................................... 13
ARTICLE 17- PRE-PAIDLEGALPLANFORMEMBERS OF LOCAL 183 ........................................... 15
ARTICLE 18 -
WELFARE AND PENSION FOR MEMBERS OF LOCAL 793 .......................................... 15
ARTICLE 19 - DEEMED ASSIGNMENT OF COMPENSATION UNDER THE
EMPLOYMENT STANDARDS AMENDMENT ACT,
1991 .................................................. 15
ARTICLE 20 - SECURITY FOR PAYMENT OF WAGES AND MANDATORY
LETTER OF CREDIT .................................................................................................. 16
ARTI.CLE21- LOCAL 183 MEMBERS' TRAININGFUND .................................................................. 17
ARTICLE22- LOCAL 793 TRAINING FUND .................................................................................... 18
ARTICLE 23 - INDUSTRY FUND ...................................................................................................... 18
- FOR LOCAL 183 .................................................................................................. 18
- FOR LOCAL 793 .................................................................................................. 19
ARTICLE 24 - REINSTATEMENT UPON RETURN FROM ILLNESS RES ULTING
FROM INDUSTRIAL ACCIDENT .................................................................................. 19
ARTICLE 25 - AMENDMENT OR EXEMPTION .................................................................................. 19
ARTICLE 26 - UPGRADING OF EMPLOYEES .................................................................................... 20
ARTICLE 27 - DELINQUENCIES ...................................................................................................... 20
ARTICLE 28 - DURATION ............................................................................................................... 20
SCHEDULE
"A"
ASSOCIATION MEMBERS/ INDEPENDENT CONTRACTORS ......................................................... 22
SCHEDULE "B"
ARTICLE 1 - HOURS OF WORK AND OVERTIME ....................................................................... 23
ARTICLE2- STATUTORY HOLIDAYS ........................................................................................ 23
ARTICLE 3 - VACATION PAY FOR MEMBERS OF LOCAL 183 ..................................................... 23
LOCAL 183 MEMBERS' VACATION PAY FUND ..................................................... 24
LOCAL 183 MEMBERS' BENEFIT FUND ................................................................ 24
\
(ii)
ARTICLE 4- VACATION PAY FOR MEMBERS OF LOCAL 793 ..................................................... 25
ARTICLE 5 - WAGES AND CLASSIFICATIONS ............................................................................. 26
LOCAL 183 .......................................................................................................... 26
LOCAL 793 .......................................................................................................... 29
ARTICLE 6 - WORKING DUES FOR MEMBERS OF LOCAL 183 .................................................... 29
ARTICLE 7 - WORKING DUES & ADVANCEMENT DUES FOR MEMBERS
OF LOCAL 793 ...................................................................................................... 29
ARTICLE 8- MAINTENANCE OF EXISTING RATES ................................................................... .30
ARTICLE 9 - PAYMENT OF WAGES ........................................................................................... 3 0
ARTICLE 10 - CONTRACTING/ SUB-CONTRACTING ................................................................... 30
ARTICLE 11 - TRAVEL TIME AND OUT-OF-TOWN ALLOWANCE ............................................... .31
SCHEDULE "C"
MAP ......................................................................................................................................... .32
SCHEDULE "D"
NOTICE OF PROJECT START ....................................................................................................... 33
LETTERS OF UNDERSTANDING:
No.
No.
No.
NO.
NO.
No.
No.
NO.
No.
No.
No.
No.
No.
No.
I - TRAINING CURRICULUM ..................................................................................... .34
2 - OWNERS I OPERATORS ........................................................................................ .36
3 - TRAINEES
...................................................................................... .37
4 - NAME OF THE UNION ........................................................................................... 39
5 - NEW OR EXISTING ENTITIES ................................................................................ 41
6 - No STRIKE - No LOCKOUT AGREEMENT ............................................................ .43
7 - REPETITIVE VIOLATIONS OF THE COLLECTIVE AGREEMENT ............................... .46
8 - REMITIANCES AND CONTRIBUTIONS .................................................................. .48
9 - TRUCK DRIVERS .................................................................................................. 50
10 - TRUST AGREEMENT FOR INTERNATIONAL UNION OF OPERATING
ENGINEERS ......................................................................................................... .52
11 - LOCAL 793 TRAINING FUND ...............................................................................54
12 - HEALTH & SAFETY .............................................................................................. 56
13 - HEALTH AND SAFETY TRAINING ......................................................................... 58
14 - SUB-CONTRACTING ............................................................................................. 61
APPENDIX "A" .............................................................................................................................. 63
APPENDIX "B" ENFORCEMENT SYSTEM ...................................................................................... 65
OCDCA & L/UNA Local 183 2013-2016 Collective Agreement
\
(iii)
THE CONCRETE & DRAIN COLLECTIVE AGREEMENT
THIS AGREEMENT made and entered into this 13th day of May, 2013.
BETWEEN:
hereinafter called the "Employer"
OF THE FIRST PART
- andLABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
hereinafter referred to as the "Union" or "Local 183"
as the case may be
OF THE SECOND PART
- andINTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
hereinafter referred to as the "Union" or "Local 793"
as the case may be
OF THE THIRD PART
WHEREAS the Ontario Concrete and Drain Contractors' Association, acting on
behalf of its members, and each of the Unions wish to make a common collective agreement
with respect to certain employees of the members of the said Association engaged in concrete
and drain work and all work incidental thereto, and/or otherwise covered by this Collective
Agreement and to provide for and ensure uniform interpretation and application in the
administration of the Collective Agreement;
AND WHEREAS in order to ensure uniform interpretation and application, the
Unions wish to negotiate and to administer the said Agreement collectively for a period of not
less that ten (10) years, which ten (10) year period shall run from May 1'', 1983 to April 30th,
1993, and for the purpose have agreed to constitute a Council and to empower it to act as agent
for each of the Unions;
AND WHEREAS the said Association recognizes the Unions and agrees to deal
with them collectively in negotiating and administering a common collective agreement and
agrees not to negotiate separately with either Union on an individual basis;
AND WHEREAS the Association recognizes the intention of the Unions to
constitute a Council and to empower it to act as agent for each of the Unions;
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AND WHEREAS the Unions recognize the formation by the companies of the
Association and agree to deal with the Association as the agent of the companies who are
members thereof in negotiating and administering a common collective agreement and agree not
to negotiate with any of the said companies on an individual basis;
AND WHEREAS the Union recognizes the Association and agrees to deal with
them collectively in negotiating and administering a common collective agreement and agrees
not to negotiate separately with any employer on an individual basis.
NOW THEREFORE, it is agreed as follows:
ARTICLE 1 - PURPOSE
The general purpose of this Agreement is to establish mutually satisfactory
1.01
relations between the Employers and their employees and to provide a means for prompt and
equitable disposition of grievances and to establish and maintain satisfactory working conditions,
hours of work and wages for all construction employees in the employ of the Employer covered
by this Collective Agreement.
ARTICLE 2 - RECOGNITION
2.01 (a)
The Employer recognizes the Union as the sole and exclusive bargaining agent for
all construction employees of the Employer employed in concrete and drain work while working
in and out of Ontario Labour Relations Board Geographic Area Numbers 8, 9, 10 and 18, save
and except non working foremen and persons above the rank of non-working foreman.
(b)
"Concrete and Drain Work" shall mean, and the specific terms and conditions set
out in this Collective Agreement shall apply to:
(i)
all drainage, sewer and watermain sector work and all work incidental thereto,
irrespective of the end use of the project; and,
(ii)
all concrete work lawfully included in this Collective Agreement, inclusive of,
but not limited to concrete placement, finishing and formwork, placement of
granular underlay, and all work incidental thereto, including, where applicable
such work in accordance with Article 12.04 hereof.
(c)
Employees hired directly at a job site in Simcoe County may be paid three dollars
($3.00) less than the rates contained in Schedule "B". Contributions to Pension, Health and
Welfare and Training funds will be made on behalf of employees hired under this clause only
after such employees have completed thirty (30) consecutive days of work. This provision
applies only for work performed in the County of Simcoe.
2.02
If and when the Employer, or any shareholder(s) holding a major equity of control
therein, shall perform or shall cause to be performed any work covered by this Agreement under
its own name or under the name of another as a person, corporation, company, partnership,
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enterprise, associate, combination or joint venture, provided the Employer has a majority
position this Agreement shall be applicable to all such work performed under the name of the
Employer or the name of any other person, corporation, company, partnership, enterprise,
associate, combination or joint venture.
2.03
The Unions recognize the Association as the sole and exclusive bargaining agent
for all its members listed in Schedule "A".
2.04
In the event that an Employer who is not a member of the Association desires to
enter into a collective agreement with the Union, the Union agrees that the terms and conditions
of the common collective agreement as agreed with the Association will be duplicated.
ARTICLE 3 - UNION SECURITY
3.01
The Employer agrees to hire employees who, as a condition of employment, are
members of one of the Unions who are party to this Agreement, either Local 183 or Local 793 as
follows:
(a)
Employees within the following classifications shall be members of Local 183:
Labourer, Pipelayer, Cement Finisher, Carpenter/Formsetter, Combination
Skilled Worker, Working Foreman, Drivers of Trucks under 10,000 lbs.
G.V.W. and Drivers of Trucks of 10,000 lbs. G.V.W. and over, including
Dumpcrete and Stoneslinger; and
(b)
Employees within the following classifications shall be members of Local 793:
(i)
Operators of Backhoes and Front-End Loaders (under 1 cubic yard),
Farm and Industrial Type Tractors with Excavating Attachments,
Compaction Equipment and Bulldozers (under D-4).
(ii)
Operators of Shovels, Backhoes, Pitmans, and Front-End Loaders (1
cubic yard and over), Bulldozers (D-4 or equivalent and over).
Employees shall be required to maintain membership in the applicable Union
while working within the bargaining unit for the duration of this Agreement. Such members
shall obtain a referral slip from the applicable Union, party to this agreement, and present it to
the Employer before commencing work.
3.02
Should the Employer be unable to hire employees who are members of one (1) of
the Unions who are party to this Collective Agreement as applicable, then the Employer shall
give twenty-four (24) hours notice to either Local 183 or Local 793, as appropriate, to provide at
the Employer's shop or job site, the required number of qualified employees in concrete and
drain construction.
It is understood that if either Local 183 or Local 793, as appropriate, are unable to
provide the required qualified men within twenty-four (24) hours, the Employer is free to hire
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any person available outside the Union. However, the Employer must advise the Union in
writing (by fax or email) of the names and the start date of such employees prior to those persons
starting work. The parties agree that the Employer will be entitled to continue to employ such
persons provided that they join the Union within seven (7) working days and obtain a referral
slip from the Union.
3.03
If a person works for the Employer without obtaining and presenting the required
referral slip, the Employer shall pay to the Union, as liquidated damages, a sum equal to the net
wages paid to such employee prior to his obtaining and presenting the required referral slip.
3.04
Union Dues and Working Dues
Each employee shall, when working in a position within the bargaining unit
described in Article 2 above, be required as condition of employment to have his regular monthly
union dues and any required working dues checked off and the Union agrees to duly inform the
Employer of the amounts of such union dues and working dues and any changes in the amounts.
The Employer agrees to make such deductions from the first pay issued to the employees each
calendar month and remit the same to the Union not later than the fifteenth (15th) day of the same
month to the Secretary-Treasurer of the Union.
The Employer shall, when remitting such dues, name the employees and their
Social Insurance Numbers from whose pay such deductions have been made.
3.05
Lay-Off Procedure for Local 793
In the event of lay-off of employees covered by this Agreement, the Employer
shall abide by the following procedure:
3.06
(a)
First laid-off shall be applicants for membership in the Union;
(b)
Second laid-off shall be members of the Union from out-of-province working
on permits or travel cards;
(c)
Third laid-off shall be members of the Union who are in receipt of a
retirement pension from the 1.U.O.E., Local 793 Pension Plan; and
(d)
Last laid-off shall be all other members of Local 793.
Demotion
The Employer will provide an employee with notice in writing and a copy to the
Union, in the event the employee is demoted and receives a lower wage rate.
ARTICLE 4 - BREACH OF COLLECTIVE AGREEMENT BY EMPLOYER
4.01
In the event that the Employer repeatedly fails or refuses to pay any wages to or
employee benefit contributions on behalf of any of his employees in the amount( s) and within
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the time( s) required by this Collective Agreement, the employees may refuse to work and shall
have the right to picket at any of the projects where the Employer is engaged and the Employer
agrees that such refusal to work or such picketing shall not constitute an unlawful strike or
unlawful picketing, as the case may be, within the provisions of the Ontario Labour Relations
Act or this Collective Agreement and the Employer agrees not to bring any proceedings of any
kind or nature whatsoever against any person or the Union for such conduct.
ARTICLE 5 - MANAGEMENT RIGHTS
5.01
The Union agrees that it is the function of the Employer:
(a)
To conduct its business in all respects in accordance with its commitments and
responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations,
to determine the number of men required at any or all operations, to determine the kinds and
locations of machines, tools and equipment to be used and the schedules of production, to judge
the qualifications of the employees and to maintain order, discipline and efficiency;
(b)
To hire, discharge, classify, transfer, promote, demote, layoff, suspend or
otherwise discipline employees, provided that a claim by a person that he has been discharged,
laid off, suspended or otherwise disciplined without reasonable cause shall be subject to the
provisions of the Grievance Procedure herein;
(c)
To make, alter from time to time, and enforce reasonable rules of conduct and
procedure to be observed by the employees;
5.02
It is agreed that these functions shall not be exercised in a manner which is
umeasonable or unfair or in a manner inconsistent with the express provisions ofthis Agreement.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.01
The parties to the Agreement are agreed that it is of the utmost importance to
adjust complaints and grievances as quickly as possible.
6.02
follows:
Grievances properly arising under this Agreement shall be adjusted and settled as
Step 1: Within ten (10) working days after the circumstances giving rise to the
grievance occurred or originated (save and except grievances arising out of discharge cases in
which case the grievance shall be brought forward within five (5) days of the employee being
notified of his discharge), the aggrieved employee with his business representative may present
his grievance, which shall be reduced to writing, to the Employer. Should no settlement
satisfactory to the employee be reached within five (5) full working days, and if this grievance is
one which concerns the interpretation or alleged violation of the Agreement, the grievance may
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be submitted to arbitration as provided in Article 6 above any time within ten (10) working days
thereafter but not later.
6.03
Grievances dealing with alleged violations of payment for hours of work, rates of
pay, overtime, premiums (shift and compressed air), travelling expenses, room and board
allowances, reporting allowances, but not including grievances arising out of classification
assignment, may be brought forward at Step No. 1 within three (3) months after the
circumstances giving rise to the grievance occurred or originated. Grievances dealing with
payment of Pension contributions, Welfare contributions, Vacation with Pay, Industry Fund,
Training contributions and dues , may be brought forward at Step 1 within forty-five (45) days
after the circumstances giving rise to the grievance became known or ought reasonably to have
become known to the Union. It is further understood that the adjustment of any such grievance
may be retroactive to the first (1 '')day of the alleged violation within the three (3) month period.
6.04
The written grievance shall contain a statement of the nature of the grievance, the
remedy sought and the section or section of the Agreement which are alleged to have been
violated and may not be subject to change at a later date.
6.05
In determining the time which is allowed, Sundays and Statutory Holidays shall
be excluded; however, any time limit may be extended by agreement in writing.
6.06
If advantage of the provisions of this Article and Article 7 is not taken within the
time limits specified, or as extended in writing as set out above, the grievance shall be deemed to
have been abandoned and may not be re-opened.
ARTICLE 7-ARBITRATION
7.01
The parties to this Agreement agree that any grievance concerning the
interpretation or alleged violation of this Agreement which has been properly carried through all
the steps of the grievance procedure outlined in Article 6 above and which has not been settled,
will be referred to a Board of Arbitration at the request of either of the parties hereto.
7.02
The Board of Arbitration will be composed of one (1) person appointed by the
Employer, one (1) person appointed by the Union and a third (3'd) person to act as Chairman
chosen by the other two (2) members of the Board.
7.03
Within five (5) working days of the request of either party for the Board of
Arbitration, each party shall notify the other of the name of its appointee.
7.04
Should the person chosen by the Employer to act on the Board and person chosen
by the Union fail to agree on a third (3'd) member as Chairman within five (5) days of the
notification mentioned in 7.03 above, the Office of Arbitration will be asked to appoint a
Chairman.
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7.05
The decisions of the Board of Arbitration or a majority of such Board constituted
in the above manner, or if there is no majority, the decision of the Chairman, shall be binding
upon the employee, the Union and the Employer.
7.06
The Board of Arbitration shall not have any power to alter or change any of the
provisions of this Agreement or substitute any new provisions for any existing provisions nor to
give any decisions inconsistent with the terms and provisions ofthis Agreement.
Each of the parties to this Agreement will bear the expense of the Arbitrator
7.07
appointed by it and the parties will jointly bear the expense, if any, of the Chairman.
7.08
Any arbitrator or board of arbitration, with the jurisdiction to interpret, apply or
enforce this Collective Agreement, whether such jurisdiction is derived from the Collective
Agreement and/or the Ontario Labour Relations Act, shall consider all relevant evidence and
with respect to such evidence is not, and shall not, be restricted by any limitation concerning the
introduction of evidence which may apply to applications under sections of the Ontario Labour
Relations Act.
7.09
In addition to the above noted procedures, a grievance arising out of any provision
of this Collective Agreement may be referred to the expedited arbitration procedures established
by the Local 183 Expedited Enforcement System, attached hereto as Appendix "C". It is further
agreed that the terms and provisions of the Local 183 Expedited Enforcement System form part
of this Collective Agreement and the terms and conditions of the Local 183 Expedited
Enforcement System, along with any other part of this Collective Agreement, may be interpreted
and applied by an arbitrator or board of arbitration with jurisdiction arising out of this Collective
Agreement, the Local 183 Expedited Enforcement System, or the Ontario Labour Relations Act.
7.10
Notwithstanding Article 7.09 above, a discipline and/or discharge grievance may
only be referred to arbitration under the Local 183 Expedited Enforcement System if the
Employer so agrees in writing.
ARTICLE 8 - MANAGEMENT GRIEVANCES AND UNION GRIEVANCES
8.01
It is understood that any Employer may file a grievance with the Union and that if
such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a
grievance of an employee. Such grievance shall be processed in the same manner thus arising
under Article 6 - Grievance Procedure.
8.02
A Union policy grievance, which is defined as an alleged violation of this
Agreement involving all or a number of employees in the bargaining unit, in regard to which a
number of employees have signified an intention to grieve or a grievance involving the Union
itself, including the application or interpretation of this Agreement, may be brought forward in
writing in the same manner and within the same time limits as in the case of an employee
grievance. Such grievance shall be processed at Step No. 1 of the Grievance Procedure as set out
in Article 6 hereof. If it is not settled, it may go to a Board of Arbitration in the same manner as
a grievance of an employee.
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ARTICLE 9 - THE RIGHT TO HONOUR LAWFUL PICKET LINES
9.01
The Employer agrees that any employee may individually decide to refuse to
cross a picket line which has been placed on any project where the employee is or has been
assigned work. The Employer agrees that such individual decisions made by the employees
concerned shall not constitute an unlawful strike under the provision of the Ontario Labour
Relations Act or this Collective Agreement and the Employer agrees not to bring any
proceedings of any kind or nature whatsoever against any person or the Union for such conduct.
In the event that employees do individually decide to refuse to cross a picket line, then they will
be assigned to such other work on such other projects as is available or be deemed to be on
temporary lay off until either the picket line is removed or the employees decide that they will no
longer refuse to cross the picket line. This article shall only apply to such picket lines
established by the Union against any employer which continues to perform work on a particular
project(s) where the picket line has been established.
ARTICLE 10- STATUTORY HOLIDAYS, VACATION ALLOWANCE, HOURS OF
WORK, WAGE RATES, ETC.
10.01
Attached hereto as Schedule "B" to this Agreement is a schedule covering
Statutory Holidays, Vacation Allowances, Hours of Work, Wages Rates and other conditions of
employment, which is hereby made a part of this Agreement.
10.02
Both parties agree to adhere to the wage rates contained in the Collective
Agreement for persons classified as Labourers, Pipelayers, Cement Finishers, Carpenters/
Formsetters, Combination Skilled Workers, Truck Drivers and Operating Engineers.
In the event that an Employer finds it necessary to increase a rate or rates for an
individual and/or a classification over and above those provided in the Collective Agreement
during the term of this Agreement, the Employer will notify the Association and the Unions of
such intention. The respective Representatives of both parties shall meet with such Employer or
Employers and resolve the issue of wages. Any such agreement will be reduced to writing.
If an Employer implements such increases prior to any agreement with the Union,
the employer shall pay the Union, as liquidated damages, a sum equal to such increases paid
prior to any agreement with the Union.
ARTICLE 11- UNION REPRESENTATION
11.01
The Representative of the Union will have access to assembly points or jobs
where members of the Union are employed, but in no case shall such visits interfere with the
progress of the work or with the departure time of employees. When visiting the job such
Representatives will first advise the Job Supervisor or his designated Representative. Where
clearance is required from the owner, it is the responsibility of the Union to obtain such
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clearance. The Union will give assistance as is required of it by the Employer to secure
competent and qualified employees.
11.02
The Employer agrees to recognize such reasonable number of Stewards as may be
appointed from time to time, but shall not be obliged to recognize such Stewards until the Job
Superintendent, or the Foreman of the job if there is no Job Superintendent, has been informed
by the Business Representative of the appointment; such appointment shall be confirmed by the
Union in writing to the Employer within seven (7) working days thereafter. The Steward shall
be one (1) of the last two (2) men to be retained by the Company, provided he is capable of
performing the remaining work. Working Foremen shall be excluded from this count.
11.03
The Steward will not be excluded from overtime work on his crew, provided he is
capable of doing the work required.
11.04
Subject to the rights of Union or Shop Stewards in the case oflayoffs as provided
for in this Collective Agreement, a Health and Safety Representative and/or a member of a Joint
Health and Safety Committee shall be one (1) of the last five (5) employees retained on any job
provided that he is competent and capable of performing the remaining work on the job and
provided that the Employer is required by legislation or regulation to appoint a Safety
Representative on site.
ARTICLE12-PRODUCTIVITY
The Union and the Employer recognize the mutual value of improving by all
12.01
proper and reasonable means, the productivity of the individual workman and both will
undertake individually and jointly to promote such increased productivity.
12.02
During the lifetime of this Agreement, the Union agrees that there will be no
illegal strike, slowdown, or picketing and the Employer agrees that it will not cause a lockout.
12.03
Subject to Article 9.01 the Union shall not involve the Employer in any dispute
which may arise between the Union and any other company and the employees of such other
company. The Union further agrees that it will not condone a work stoppage or observe any
picket line placed on a job site for jurisdictional purpose.
12.04
In addition to the specific recognition set out and extended in Article 2, the
Employer, as a term and condition of this Collective Agreement, specifically recognizes the
Council and/or Local 793 and/or Local 183 (whichever the case may be) as the exclusive
bargaining agent for all construction employees performing work falling within the scope of the
collective agreements which are set out below and which are binding upon the Council, Local
793 and/or Local 183 (as the case may be) and the Employer agrees that should it perform work
falling within the scope of any of the below-listed agreements then the Employer shall abide by,
and perform such work in accordance with, the terms and conditions of the applicable
agreements including, but without limiting the generality of the foregoing to, any terms and
conditions thereof with respect to contracting or sub-contracting restriction.
OCDCA & LIUNA local 183 2013-2016 Collective Agreement
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The listed agreements are as follows:
(a)
The "Roads Agreement" being a collective agreement between the Toronto and
Area Road Builders' Association and a Council of Trade Unions acting as the
representative and agent of Teamsters Local 230 and Local 183;
(b)
The "Sewer and Watermain Agreement" being a collective agreement between
the Greater Toronto Sewer and Watermain Contractors' Association and a
Council of Trade Unions acting as a representative and agent of Teamsters Local
230 and Local 183;
(c)
The "Heavy Engineering Agreement" being a collective agreement between the
Heavy Construction Association of Toronto and Local 183;
(d)
The "Forming Agreement" being a collective agreement between the Ontario
Formwork Association and the Formwork Council of Ontario;
(e)
The "Apartment Builders Agreement" being a collective agreement between
the Metropolitan Toronto Apartment Builders' Association and Local 183;
(f)
The "Utilities Agreement" being a collective agreement between the Utility
Contractors' Association of Ontario and the Labourers' International Union of
North America, Ontario Provincial District Council and its affiliated Local
Unions and the International Union of Operating Engineers;
(g)
The "House Basements Agreement" being a collective agreement between the
Residential Low-Rise Forming Contractors' Association of Metropolitan Toronto
and Vicinity and Local 183;
(h)
The "House Board Area 8 Builders Agreement" being a collective agreement
between the Toronto Residential Construction Labour Bureau and Local 183;
(i)
The "Residential Housing Carpentry/Framing Agreement" being a collective
agreement between the Residential Framing Contractors' Association of
Metropolitan Toronto and Vicinity Inc. and Local 183;
(j)
The "Agreement covering Building Restoration and Associated Work" being
a collective agreement between a group of contractors and Local 183;
(k)
The "Landscaping Agreement" being a collective agreement between various
landscaping contractors in Ontario and Local 183;
(!)
The Marble, Tile, Terrazzo & Cement Masons Agreement" being a collective
agreement between the Residential Tile Contractors' Association and Local 183;
E. & O.E.
PagelO
(m)
The "Bricklaying and Masonry Residential Sector Agreement" being a
collective agreement between the Masonry Contractors' Association of Toronto
Inc. and the Masonry Council of Unions Toronto and Vicinity which forms part of
Local 183;
(n)
The "Residential Plumbing Agreement" being a collective agreement between
various independent plumbing contractors and Local 183;
(o)
The "Residential High Rise Trim Collective Agreement" being a collective
agreement between Local 183 and the Residential Carpentry Contractors'
Association of Greater Toronto;
(p)
The "Residential Low Rise Trim Collective Agreement" being a collective
agreement between various independent low rise trim contractors and Local 183.
12.05
Each Employer shall provide the Union with a notice, included as Schedule "D",
for each project the Employer is working on as of thirty (30) days after the date of ratification
and on each October 1st and May 1st thereafter.
ARTICLE 13 - SAFETY, SANITATION AND SHELTER
13.01
The Employer shall supply safety helmets to the employees at no cost to the
employee. If any employee at the termination of employment does not return said helmet, he
shall be charged at cost which can be deducted from his last pay cheque. If the helmet is
returned and has been made unwearable through wilful neglect and abuse, the employee shall be
charged for the full replacement value.
13.02
It is further agreed that drinking water and individual cups will be provided for
employees on all jobs to be used during their breaks and at other times at the Employer's
discretion.
13.03
No employee will be discharged by his Employer because he fails to work in
unsafe conditions, as set out in Governrnent Safety Regulations. Any refusal by an employee to
abide by such regulations after being duly warned, will be sufficient cause for dismissal.
13.04
When employees are required to perform their duties in wet weather, the
Employer agrees to supply suitable protective clothing, including rubber boots and gloves which
will be returned to the foreman when the assigned duties are completed. It is understood that this
provision does not apply to employees who are required to wear rubber boots in the normal
course of their duties. In the event that an employee does not return the protective equipment
supplied by the Employer, the employee may be charged for same at cost. These charges may be
deducted from his next pay, provided that the employee has been notified in writing by his
employer.
E.&O.E.
Page 11
13.05
The Employer, shall, at his own expense, furnish to any employee injured in his
employment who is in need of it, immediate conveyance and transportation to a hospital or to a
physician. It is further agreed that an ambulance shall be used where necessary and possible.
13.06
An employee who is injured during working hours in a compensable accident as
defined by the Workplace Safety and Insurance Board and is required to leave for treatment or is
sent home because of such injury, shall receive payment for the remainder of the shift at his
regular rate of pay.
13.07
The trucks to be used to transport employees will be covered and tools will be
secured in tool boxes. No materials will be carried in the trucks in a manner endangering the
safety of the employees being transported. Such trucks will be equipped with approved first aid
kits.
13.08
The Employer agrees to provide the following safety equipment free of cost to the
employees: safety belts, steel toed and insoled rubber boots (it is understood that this provision
does not apply to employees who are required to wear rubber boots in the normal course of
duties), goggles, masks and reinforced gloves where necessary.
13.09
Hand tools normally required by Labourers, Pipelayers and Cement Finishers,
except tape measures will be provided by the Employer. Employers who now provide tape
measures will continue this practice. Employees will return such tools at the end of the job or for
the replacement of worn or broken tools. Employees will be charged for tools not returned as
above.
13.10
Every employee, working within the jurisdiction of Local 183, as covered by this
Collective Agreement, shall, as a condition of employment, be required to obtain and maintain
current all health and safety certificates and training mandated by the Occupational Health and
Safety Act for the type of work performed or as mutually agreed to by Local 183 and the
Association and provided by the Life Long Leaming Centre.
ARTICLE 14 - COFFEE AND LUNCH BREAKS
14.01
Employees will be allowed one (1) coffee break often (10) minutes in each half
of the working shift.
14.02
All employees shall be provided one-half (1/2) hour unpaid lunch break. The
regular lunch break shall be taken between 11:30 a.m. and 1:00 p.m. Employees engaged in
cement finishing work shall take their lunch break at a time least disruptive to the Employer's
operations. It is understood that, in accordance with the Employment Standards Act, no
employee shall be required to work more than five (5) consecutive hours without a lunch break.
E. & O.E.
Page 12
ARTICLE 15 - GOVERNMENT LEGISLATION
15.01
In the event that any of the provisions of this Collective Agreement or any other
collective agreement set out in the cross-over clause, Article 12.04 are found to be in conflict
with any valid and applicable Federal or Provincial law now existing, or hereinafter enacted, it is
agreed that such law shall supersede the conflicting provision without in any way affecting the
remainder of the Collective Agreement.
ARTICLE 16 - WELFARE, LONG TERM CARE, RETIREE'S BENEFITS, PENSION
AND CECOF FOR MEMBERS OF LOCAL 183
16.01 (a)
Welfare: The Employer agrees to pay the following amounts for each hour
earned into the Local 183 Members' Benefit Fund, jointly administered by an equal number of
Employer and Union Trustees, for the purpose of purchasing weekly indemnity, life insurance,
major medical, dental care, or similar benefits for the employees covered by this Agreement,
represented by Local 183, as set out below:
Effective May 1, 2013 - two dollars and thirty cents ($2.30) per hour
Effective May 1, 2014-two dollars and thirty-five cents ($2.35)
Effective May 1, 2015 -two dollars and forty cents ($2.40)
(b)
Long Term Care: The Employer agrees to pay sixty cents ($0.60) based on all
hours earned, into the Local 183 Members' Benefit Fund for the purpose of purchasing benefits
for Long Term Care.
(c)
Retiree's Benefits: Effective upon May 1, 2013 the Employer agrees to pay thirty
cents ($0.30) per hour based on all hours earned, into the Universal Workers Union Local 183
Retiree Benefit Trust Fund for the purposes of purchasing benefits for retirees. Effective May 1,
2014 the Employer agrees to pay thirty-five cents ($0.35) per hour based on all hours earned into
said fund. Effective May 1, 2015, the Employer agrees to pay forty cents ($0.40) per hour based
on all hours earned into said fund.
16.02 (a)
Pension: The Employer shall pay on behalf of each employee, into the Labourers'
Pension Fund of Central and Eastern Canada, on the following basis:
Effective May 1, 2013 Upon Ratification - seven dollars and twenty-five cents
($7 .25) per hour
Effective May 1, 2014-seven dollars and sixty-five cents ($7.65) per hour
Effective May 1, 2015 - eight dollars and five cents ($8.05) per hour
E. &O.E.
Page13
(b)
Labourers' Central and Eastern Canada Organizing Fund CCECOF): The
Employer agrees to contribute the following amounts for each hour worked to CECOF, on the
following basis:
Effective May 1, 2013 - the Employer shall pay twenty-five cents ($0.25) for
each hour worked; and
each hour worked.
each hour worked.
(c)
OPDC
Effective May 1, 2013 - the Employer shall deduct from employees pay cheques
five cents ($0.05) for each hour worked;
Effective May 1, 2014 - the Employer shall deduct from employees pay cheques
ten cents ($0.10) for each hour worked;
Effective. May 1, 2015 - the Employer shall deduct from employees pay cheques
fifteen cents ($0.15) for each hour worked;
(d)
Pension, CECOF and OPDC contributions shall be sent to the Labourers' Pension
Fund of Central and Eastern Canada, P.O. Box 9002, Lakeshore West, P.O. Oakville, Ontario,
L6K OGl. The Employer may remit both these contributions on one (1) monthly cheque.
Payments into the Fund are to be made by the fifteenth (15th) day of the month following the
month for which the hours were worked.
16.03
The Employer and Local 183 acknowledge that they are familiar with the contents
of the Agreements and Declarations of trust establishing the said Local 183 Members' Benefit
Fund and the Labourers' Pension Fund of Central and Eastern Canada, and they agree to be
bound by the terms and conditions of the said Agreements and Declarations as if original parties
thereto and as if the same formed part of this Collective Agreement. In the event any of the
terms and conditions of the said Agreements and Declarations are in any way altered, added to or
amended, then the parties to this Collective Agreement shall be bound by the same as if original
parties thereto and as if the same formed part of this Collective Agreement. The parties hereto
agree to execute any and all documentation that may be necessary to facilitate the appointment of
one (1) trustee on behalf of the Association to the said Local 183 Members' Benefit Fund.
16.04
The Employer agrees to remit Welfare contributions, Vacation Pay, Training,
Prepaid Legal, Long Term Care, Retiree's Benefits and Industry Fund on one (1) monthly
cheque, to the L.I.U.N.A. Local 183 Trust Administration (Clearing); the sole purpose of which
shall be to collect and disburse all contributions and remittances on behalf of L.I.U.N.A. Local
183 Welfare Fund, Vacation Pay Fund, Training Fund, Prepaid Legal Plan Fund and the
Employers' Industry Fund.
E. & 0.E.
Page 14
All of the above remittances shall be sent no later than the fifteenth (151h) day
following the end of the month for which the payment is to be made.
16.05
The Employer agrees to pay, effective May 13, 2013, $0.05 cents for each hour
worked to the Local 183 Promotional Benefits Fund but nevertheless forwarded to the Members'
Benefit Trust Fund for administration purposes.
ARTICLE 17 - PREPAID LEGAL PLAN FOR MEMBERS OF LOCAL 183
17.01
The Employer agrees to pay the sum of ten cents ($0.10) for each hour earned by
each employee represented by Local 183 to the Labourers' Local 183 Prepaid Legal Benefit
Fund, jointly administered by an equal number of Employer and Union Trustees, for the purpose
of providing legal benefits to such employees and their beneficiaries.
17.02
The Employer shall remit contributions to the Labourers' Local 183 Prepaid
Legal Benefit Fund monthly, together with a duly-completed Employer's Contribution Report
Form, by the fifteenth (15th) day of the month following the month for which the payment is due.
ARTICLE 18 - WELFARE AND PENSION FOR MEMBERS OF LOCAL 793
18.01
Welfare: The Employer shall pay on behalf of each of his employees who is a
member of Local 793 into the Local 793 Welfare Benefits Plan on the following basis:
(i)
(ii)
(iii)
Effective May 1, 2013 - four dollars and sixty-five cents($ 4.65) per hour;
Effective May I, 2014 - four dollars and eighty five cents ($4.85) per hour;
Effective May I, 2015 - five dollars and five cents ($5.05) per hour.
18.02
Pension: The Employer shall pay on behalf of each of his employees who is a
member of Local 793 into the Local 793 Pension Fund on the following basis:
(i)
(ii)
(iii)
Effective May I, 2013 - five dollars and forty-seven cents ($5.47) per hour;
Effective May I, 2014 - five dollars and fifty-three cents ($5.53) per hour;
Effective May 1, 2015 - five dollars and fifty-eight cents ($5.58) per hour
18.03
The welfare and pension remittances shall be sent no later than the fifteenth (15th)
day of the month following the month for which the remittance is made.
ARTICLE 19 - DEEMED ASSIGNMENT OF COMPENSATION
EMPLOYMENT STANDARDS AMENDMENT ACT, 1991
UNDER
THE
19.01
The Trustees of the Employee Benefit Plans referred to in this Collective
Agreement or the Administrator on their behalf shall promptly notify the Union of the failure by
any employer to pay any employee benefit contributions required to be made under this
Collective Agreement and which are owed under the said Plans in order that the Program
E.&O.E.
Page 15
Administrator of the Employee Wage Protection Program may deem that there has been an
assignment of compensation under the said Program in compliance with the Regulation to the
Employment Standards Amendment Act, 1991 in relation to the Employee Wage Protection
Program.
ARTICLE 20 - SECURITY FOR PAYMENT OF WAGES
20.01
The Union agrees that a Company who elects not to participate in the Collective
Agreement between the Association and the Union, will be required to sign a Collective
Agreement similar in substance to the Association Agreement.
In the event that there is a default in the payment of wages or where payments to
trust funds are over three (3) months in arrears, such delinquent Company will be required to
post a cash bond of twenty-five thousand dollars ($25,000.00) which will be jointly administered
by the Association and the Union. Such cash bond will be for the purpose of paying any arrears
in wages or Trust Fund contributions and such company will maintain such cash bond
replenished up to the twenty-five thousand dollar ($25,000.00) level at all times.
A Company that posted a cash bond as above will have such money returned,
with interest, upon completion of six (6) months arrears-free operation.
20.02
Upon an Employer failing to pay to the Union or to or on behalf of any of the
employees covered by this Agreement, any wages, vacation pay, Union dues, travelling
expenses, contributions to Welfare Fund, Training Fund and Pension Fund or any other
payments of financial benefits payable to the Union or to or on behalf of the said employees, the
following procedure is to be followed:
(a)
The Union shall advise the Employer in writing of such alleged failure of
payment and the Union and the Employer shall forthwith attempt to resolve such dispute. If they
are able to agree on the amount due, then the Employer shall make payment of the agreed
amount by no later than twenty-four (24) hours after such agreement is reached;
(b)
In the event the Employer and the Union are unable to agree on the amount owing
to the Union and/or to or on behalf of the employees entitled to the same as aforesaid, or in the
event of an agreement of the amount due but the Employer fails to pay the said sum as aforesaid,
then the Union shall be entitled to pay out of the said funds to itself and/or to or on behalf of the
employees entitled to the same (including payment of any sums to any Welfare, Vacation Pay,
Pension or Training Fund or any other employee benefit fund) such amounts as may be
necessary for this purpose; provided that the Union or any of the said employees or the Trustees
of any employee benefit fund herein, first obtains an award, order, judgement or decision
entitling any of them to payment of any particular sums;
(c)
Upon the Employer being notified in writing of the amount of any such payments
out of the fund by the Union as aforesaid, the Employer shall replenish the fund by payment of
an amount equal to the amount so paid out, within a period of five (5) working days from receipt
OCDCA & LlUNA Local 183 2013-2016 Collective Agreement
E. & O.E.
Page 16
of such written notification. If the Employer does not replenish the fund as aforesaid then the
provisions of Article 22 as well as Articles 5, 6, 7 and 8 of this Collective Agreement shall apply;
(d)
In the event of the bankruptcy or insolvency of the Employer, the said funds held
by the Union shall be deemed to have been held in trust on account of the payment of wages,
vacation pay, working dues, travelling expenses, contributions to Welfare Fund, Training Fund
and Pension Fund or any other payments or financial benefits payable to the Union or to or on
behalf of the employees the financial benefits referred to in Articles 16, 17, and 18 herein, paid
in advance for employees of the Employer, who, at the date of the insolvency or bankruptcy,
have performed work or services for the Employer for which the employees and/or the Union, as
the case may be, have not been paid any of the said financial benefits and the Union shall be
entitled to pay out of the said funds to itself and/or to or on behalf of the employees of the
bankrupt or insolvent Employer, (including payment of any sums of welfare, vacation pay,
Pension or any other employee benefit fund), such amounts as may be due to any of them.
20.03
The Union shall deposit the said funds which have been paid to it by the
Employer, in a separate interest-bearing account with a chartered bank, trust company or credit
union and the interest thereon shall be added to and form part of the said fund, which is to be
available to the Union, the said employees or any employee benefits funds as provided in this
Agreement in the event of any default by the Employer. In the event there is no default by the
Employer under the terms of this Agreement, then the funds and interest thereon shall be forth
with returned.
20.04
Notwithstanding Article 20.02, if the Employer is requested to deposit any of the
funds under the terms of this Article, interest thereon shall accrue to the benefit of the Employer
and the principal sum and the interest thereon shall be immediately returned to the Employer as
soon as the particular project for which the security was requested as been completed, unless
such principal and interest are necessary to fulfill the Employer's obligation as contemplated by
this Article.
ARTICLE 21 - LOCAL 183 MEMBERS' TRAINING FUND
21.01
The Employer and Local 183 agree to recognize and be bound to Local 183
Members' Training Trust Fund as if original parties thereto, and as if the same formed part of
this Collective Agreement. In the event any of the terms and conditions of the said Agreement
and Declaration are in any way altered, added to or amended, then the Employer and Local 183
shall be bound by the same as if original parties thereto and as if the same formed part of this
Collective Agreement.
21.02
The Employer shall contribute twenty cents ($0.20) per hour for each hour
worked by each employee who is a member of Local 183 to the Local 183 Members' Training
Fund.
21.03
The above contributions are to be remitted by the fifteenth (15th) day of the month
following the month for which the payments are due.
OCDCA & LJUNA Local 183 2013-2016 Collective Agreement
E. & 0.E.
Page 17
21.04
The Labourers' International Union of North America, Local 183 and the
Association agree to amend Section 8.01 of the Agreement and Declaration of Trust made as of
the 1st day of May, 1977 establishing the Labourers' Local 183 Members' Training and
Rehabilitation Fund, as amended, so that it provides as follows:
Section 8.01
Except as otherwise provided for, the Agreement may only be amended by an
instrument in writing under seal, properly executed by the Union and at least sixty percent (60%)
of the Association. Each such amendment shall be by an instrument in writing fixing the
effective date of such amendment, and a copy shall be forwarded to the principal office of the
Fund.
If the Trust Agreement is so amended by agreement involving at least sixty
percent (60%) but less than one hundred percent (100%) of the Associations, any Association
which claims that it will suffer undue hardship as a result of the amendment may refer the issue
to an Arbitrator appointed by mutual agreement, in which case the Arbitrator shall have the
authority to rescind the amendment if the grieving Association can substantiate the claim of
undue hardship. If the parties cannot agree upon an Arbitrator, the Office of Arbitration will be
asked to appoint an Arbitrator for them.
21.05
The parties agree that the Union will establish the Local 183 Industry
Development Fund.
ARTICLE 22 - LOCAL 793 TRAINING FUND
The Employer shall contribute on behalf of each employee who is a member of
22.01
Local 793 into the Local 793 Training Fund in the following basis:
Effective May 1'', 2013 -twenty-five cents ($0.25) per hour;
Effective May 1, 2014 - thirty cents ($0.30) per hour;
Effective May 1, 2015 - thirty-five cents ($0.35) per hour
22.02
The above contributions are to be remitted by the fifteenth (15th) day of the month
following the month for which the payments are due.
ARTICLE 23 - INDUSTRY FUND
23.01
For Local 183
Each Employer bound by this Agreement or a like agreement adopting in
substance, but not necessarily in form, the terms and conditions herein, shall contribute sixty
cents ($0.60) per hour earned by each employee covered by this Agreement or such like
OCDCA & L!UNA Local 183 2013-2016 Collective Agreement
E. & O.E.
Page 18
agreement, and remit such contributions with the Welfare and Training Fund remittances payable
to "Local 183 Trust Administration" on or before the fifteenth (15th) day of the month following
the month for which the contributions were due. Such amounts on receipt, together with a copy
of the computer print-out indicating the total number of hours paid by each Employer, shall be
forwarded once per month to the Association by the Administrator of the "Local 183 Trust
Administration" as each Employer's contribution to the costs of operating the Association for the
purposes of negotiating, administration of the Agreement, and promoting the interests of the
concrete and drain industry, legislative reform, health and safety and industry standards within
the concrete and drain sector of the construction industry. The Association will give the Union
thirty (30) days notice in the event of any increase.
23.02
For Local 793
Each Employer bound by this Agreement or a like Agreement adopting in
substance but not necessarily in form the terms and conditions herein, shall contribute sixty cents
($0.60) per hour earned by each employee covered by this Agreement or such like agreement,
and remit such contributions with the Welfare and Training Fund remittances payable to "Local
793 Trust Administration" on or before the fifteenth (l S'h) day of the month following the month
for which the contributions were due. Such amounts on receipt, together with a copy of the
computer print-out indicating the total number of hours paid by each Employer, shall be
forwarded once per month to the Association by the Administrator of the "Local 793 Trust
Administration" as each Employer's contribution to the costs of operating the Association for the
purposes of negotiating, administration of the Agreement, and promoting the interests of the
concrete and drain industry, legislative reform, health and safety and industry standards within
the concrete and drain sector of the construction industry. The Association will give the Union
thirty (30) days notice in the event of any increase.
ARTICLE 24 - REINSTATEMENT UPON RETURN FROM ILLNESS RESULTING
FROM INDUSTRIAL ACCIDENT
24.01
An employee returning from absence resulting from an accident encountered
during his employment with the Employer shall return to the job he held prior to such absence or
if such job is not available, be re-employed at work generally similar to this which he last
performed, if such work is available, he is medically able to perform the same and he applies at
the rate of pay prevailing for such job at the time of his return.
24.02
The Article does not apply if the injury is attributable to the wilful misconduct of
the employee.
ARTICLE 25 - AMENDMENT OR EXEMPTION
25.01
Where the application of certain Articles or sections of this Agreement work a
hardship on the Employer, the parties may reach a Memorandum of Amendment or Exemption,
in writing, to amend or exempt certain clauses or provisions of this Agreement.
E. & O.E.
Page 19
A Memorandum of Exemption or Amendment will apply equally to all member
Employers and member Unions for the area involved and during the term of such exemption or
amendment.
ARTICLE 26 - UPGRADING OF EMPLOYEES
26.01
Upon giving the Union seven (7) days notice from the commencement of
upgrading, the parties agree that an Employer may upgrade an employee from his original
classification and that the Union recognizes a training period of up to three (3) months. During
the training period, it is agreed that the employee will receive the hourly rate based on his
previous classification.
26.02
For employees falling within the jurisdiction of Local 183, the parties hereto
agree to establish an industry upgrading and retraining committee composed of three (3) persons
from the Association and three (3) persons from Local 183.
The purpose of this Committee is as follows:
(a) To formulate policies to train employees in the industry and to upgrade
their skills;
(b) To issue recognized identification cards noting the training the employee
has had.
ARTICLE 27 - DELINQUENCIES
27.01
In the event that Welfare, Pension, Vacation Pay, Training and Industry Fund
payments are received by the Union after the fifteenth (1 S'h) of the month following the date due,
the Employer shall pay, as liquidated damages to the Union, at the rate of two percent (2%) per
month, twenty-four percent (24%) per annum or fraction thereof, on the outstanding overdue
amount. Such late payments received from Employers shall be applied firstly to arrears or
contributions already owing starting with amounts owing from the earliest month forward.
27.02
No arbitrator hearing a grievance relating to the failure to pay welfare, pension,
vacation pay, training or industry funds shall apply any principle of delay, latches or estoppel or
otherwise reduce or waive the obligation of the Employer to pay all amounts earned and/or
owing under this Collective Agreement.
ARTICLE 28 - DURATION
The term of this Agreement shall be from May 1'', 2013 to April 30th, 2016, and it
28.01
shall continue in effect thereafter unless either party shall furnish the other with notice of
termination or proposed revision ofthis Agreement within one hundred and twenty (120) days of
E. &0.E.
Page20
April 30th, 2016 and any like period in any third year thereafter. The parties agree that if this
Collective Agreement continues in force after April 30th,,2016, in accordance with the term of
this Article and/or in accordance with statute, then the terms and conditions of this Collective
Agreement shall automatically be deemed to be the terms and conditions of the Union's then
current standard Concrete & Drain Collective Agreement.
Signed and dated at Toronto this 18th day of November, 2013.
ON BEHALF OF
ON BEHALF OF
International Union of Operating Engineers, Local 793
A
, RESIDENT
ALEXLA~R
RI~
E. & O.E.
Page21
SCHEDULE "A"
Association Members
1206880 Ontario Ltd. I A.C.U. Contracting
Basecrete Inc.
Bettina Inc.
Best Concrete & Drain Inc.
Brentview Construction Limited
Choiceland Contractors Ltd.
Columbia Drain Concrete Ltd.
Concord Concrete & Drain Inc.
Dolente Concrete & Drain Co.
Donald Concrete & Drain Inc.
Donald Contracting Ltd.
Dranco Construction Ltd.
Fosscon Contracting Ltd.
Fourwinds Construction Inc.
Jentry Construction Ltd.
Long Valley Forming Limited I
Long Valley Construction Ltd.
Marlisi Construction Inc.
Orostar Drain & Concrete
Plastina Investment Ltd.
Premier Concrete Contractors
Pro-Drain & Co. Ltd.
Roy-Val Construction Ltd.
San-Jae Concrete & Drains
Slingshot Stone Supply Ltd.
Star Drain Concrete Inc.
The King Con Corporation
Toronto Concrete & Drain Ltd.
Triple Concrete & Drain
W estcon Construction Ltd.
Windmill Group Corporation
Zicardo Construction Ltd.
E. & O.E.
Independent Contractors
Carletta Drain Company Limited
Ferizi Concrete & Drain
Hardrock Stoneslingers Ltd.
J.C. Concrete & Drains Ltd.
Noranita Construction Inc.
Prebreza Company
University Plumbing
Page22
SCHEDULE "B"
ARTICLE 1 - HOURS OF WORK AND OVERTIME
The hours of work for the purpose of this Collective Agreement shall be based on
1.01 (a)
forty-six (46) hours per week Monday to Friday with a maximum of twelve (12) hours per day.
(b)
Overtime at the rate of time and one-half (1 Y, x) the employee's current hourly
rate shall be paid to all employees for all work performed after twelve (12) hours per day
Monday to Friday inclusive, and for all work performed in excess of forty-six (46) hours per
week Monday to Friday inclusive and for all work performed on Saturday.
(c)
Overtime at the rate of double (2 x) the employee's current hourly rate shall be
paid to all employees for all work performed on Sundays and Holidays.
(d)
There shall be no pyramiding of overtime.
1.02
In the event of a layoff, the Employer shall provide the affected employee(s) with
notice, no later than 8:00 p.m. of the previous day, of the layoff. In the event the Employer fails
to do so, the employee(s) will be paid four (4) hours pay at straight time which shall not be used
for calculating overtime.
ARTICLE 2 - STATUTORY HOLIDAYS
2.01
The following shall be recognized by the Employer as Statutory Holidays:
New Years Day
Family Day
Good Friday
Victoria Day
Labour Day
Canada Day
Civic Holiday
Thanksgiving Day
Christmas Day
Boxing Day
and any other holidays as may be proclaimed by the Federal or Provincial governments.
ARTICLE 3 - VACATION PAY FOR MEMBERS OF LOCAL 183
3.01 (a)
The Employer and Local 183 agree to be bound by the terms and conditions of the
Labourers' Local 183 Members Holiday and Vacation with Pay Trust, as if original parties
thereto and agree to be bound by any additions, alterations or amendments of the said Trust, as if
original parties thereto and as if the same formed part of this Collective Agreement. The parties
hereto agree to execute any and all necessary documentation that may be necessary to facilitate
the appointment of one (1) Trustee on behalf of the Association to the said Vacation with Pay
Fund.
E. & O.E.
Page23
(b)
Vacation with Pay at the rate often percent (10%) of gross earnings shall be paid
to the Vacation with Pay Trust Fund on behalf of employees covered by this Collective
Agreement who are members of Local 183.
(c)
Local 183 Members' Vacation Pay Fund
The Labourers' International Union of North America, Local 183 and the
Association agree, subject to acceptance and adoption by the Trustees of the Labourers'
International Union of North America, Local 183, Members' Vacation Pay Fund (the "Fund"),
that Section 4.03 (h) of the Agreement and Declaration of Trust made as of the 29th day of
January, 1975, as amended, establishing the said Fund, be amended as follows:
Section 4.03 (h)
Any income earned by the Fund shall be applied as follows:
(i)
To the payment of the expenses incurred in the administration of the Fund
including but not limited to, the expenses of the Trustees, the Administrator and such legal
counsel, investment counsel, account, actuarial and clerical assistants as are employed from time
to time by the Trustees;
(ii)
To provide for any liability for income tax in respect of the income of the Fund;
(iii)
To the payment of vacation pay to employees of a bankrupt or insolvent
Employer or an Employer who no longer carries on business where the said Employer defaulted
on payment of the Fund due to bankruptcy, insolvency or discontinuance of a business, at any
time after the date of this Agreement, on such terms in such amounts and subject to such
conditions as the trustees may decide from time to time as may be required by the Employment
Standards Branch, of the Ministry of Labour;
(iv)
To the setting up of any reserves which Trustees may deem appropriate; and
(v)
Any surplus balance will be split between the Union and the Association on a
fifty/fifty (50/50) basis and remitted to the Union and the Association. If there is a deficit in the
Fund subsequent to the remittance of the surplus to the Union and the Association it is agreed
that this deficit will be covered by any future surplus in the fund.
3.02
Local 183 Members' Benefit Fund
The Labourers' Local 183 and the Association agree to amend Section 8.01 of the
Agreement of Declaration and Trust made as of October 1, 1980, as amended, establishing the
Local 183 Members' Benefit Fund to provide that, with respect to the amendment of the Trust
Agreement by the Union and the Party Associations, the Trust Agreement may be amended by
the mutual agreement of the Union and at least sixty percent (60%) but less than one hundred
percent (100%) of the Party Associations, any Association which claims it will suffer undue
hardship as a result of such amendment may refer the issue to an Arbitrator appointed by mutual
agreement, in which case the Arbitrator shall have the authority to rescind the amendment if the
grieving Association can substantiate its claim of undue hardship. If the parties cannot agree
upon an Arbitrator, the Office of Arbitration will be asked to appoint an Arbitrator for them.
E. & O.E.
Page24
ARTICLE 4 - VACATION PAY FOR MEMBERS OF LOCAL 793
4.01
Vacation pay in the amount of ten percent (10%) of gross wages earned (with
income tax deducted) shall be paid weekly to employees covered by this Collective Agreement
who are members of Local 793. It is understood and agreed that six percent (6%) of this amount
is to be considered in lieu of statutory holiday pay and four percent (4%) in lieu of vacation pay.
E. & 0.E.
Page25
ARTICLE 5- WAGES AND CLASSIFICATIONS
5.01
(a)
Local 183
EMPLOYEE
DEDUCTIONS
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·-·--1·
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34.54
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47.59
0.10
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0.20
0.10
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0.40
8.0S
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3.32
2.30
1-May-14
33.8S
3.39
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1-May-lS
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0.2S
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0.60
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I 0.60
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-
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a.as
0.60
48.19
48.79
3%
0.10
0.60
49.39
a.as
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O.lS
0.60
S0.64
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----·1-May-13
0.10
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47.S9
3%
a.OS
0.60
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0.35
7.6S
0.20
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0.40
8.0S
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O.lS~
Page26
S0.64
EMPLOYEE
DEDUCTIONS
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CLASSIFICATION
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E. & O.E.
Page27
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Note 1:
It is expressly understood that the Carpenter/Formsetter rate will apply only to those
employees able to set grades for concrete, lay drains, finish concrete and actually cutting and installing
formwork for stairways, landings, balconies, verandas and fireplaces.
Note 2:
The category of Combination Skilled Worker applies to an employee who is skilled in and
actually performs pipelaying, cement finishing and carpenter formsetter work.
Note 3:
Transportation of Employees: Employees, excluding Working Foremen, who are
requested to pick up other employees at assembly points and transport them to the job and from the job
back to the assembly points, shall be paid the equivalent of one (1) hour per day straight time, which
time shall not be included in calculating said employees' hours worked per week.
E. &O.E.
Page28
5.01
(b)
Local 793 - Wages and Classfications
Engineers operating Shovels, Backhoes, Pitmans, Front-End Loaders (1 Cubic Yard and over}
(D-4 or equivalent and over)
SUB-
Wages
Vacation
Pay
Benefit
Plan
Pension
Plan
TOTAL
Training
Fund
Industry
DATE
FWld
TOTAL
May 1, 2013
$34.74
$3.48
$4.65
$5.47
$48.34
$0.25
$0.60
$49.19
May l,2014
$35.55
$3.56
$4.85
$5.53
$49.49
$0.30
$0.60
$50.39
May 1, 2015
$36.42
$3.64
$5.05
$5.58
$50.69
$0.35
$0.60
$51.64
Engineers operating Backhoes, Front-End Loaders (under 1 Cnbic Yard, Farm and Industrial Type Tractors
with Excavating Attachments, Compaction Equipment and Bulldozers (Under D-4)
Training
Plan
Pension
Plan
SUB-
Wages
Vacation
Pav
Benefit
DATE
TOTAL
FWld
Industry
FWld
TOTAL
Mav I, 2013
$33.67
$3.37
$4.65
$5.47
$47.16
$0.25
$0.60
$48.01
Mav I, 2014
$34.48
$3.45
$4.85
$5.53
$48.31
$0.30
$0.60
$49.21
Mav l,2015
$35.34
$3.54
$5.05
$5.58
$49.51
$0.35
$0.60
$50.46
5.02
Brush coating
(a)
Where an employee is assigned to perform brush coating they shall not
have their hourly rate reduced.
(b)
It is agreed that a person employed solely as a brush coater shall be paid no
less than the rate of a labourer.
ARTICLE 6 - WORKING DUES FOR MEMBERS OF LOCAL 183
6.01
The Employer agrees to deduct from the employees' wages, working dues in the
amount of three percent (3%) of the gross wages (excluding vacation pay) of employees who are
members of Local 183 and to remit such amount, by using Section "B" of the standard remittance
form, not later than the fifteenth (15th) day of the month following the month for which the deduction
is made, to the Universal Workers Union, L.I.U .N .A. Local 183.
The Union may direct the Employer to alter the amount and/or the method of remittance
of working dues as described in this provision, and the Employer agrees that it shall comply with such
direction. The Union agrees that is shall provide thirty (30) days notice of any such alteration.
l
ARTICLE 7 - WORKING DUES & ADVAN CEMENT DUES FOR MEMBERS OF LOCAh. tJ
793
:~~
7.01
Working Dues: Working dues of two percent (2%) of the total wage package, which (
includes the hourly rate, vacation pay, health plan and pension contributions of employees who ar J_,
;E. & O.E.
Page29
'
members of Local 793 shall be deducted and shall be remitted to Local 793 not later than the fifteenth
(15th) day of the month following the month for which the dues were deducted.
7.02
Advancement Dues Check-Off: The Employer shall deduct fifteen cents ($0.15) per
hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The
amount deducted shall be remitted together with other monthly contributions and deductions in the
manner set out in this Collective Agreement.
ARTICLE 8 - MAINTENANCE OF EXISTING RATES
8.01
It is agreed that at the commencement of this Agreement no employee covered by this
Agreement shall receive a reduction in his rate of wages through the introduction of this Schedule.
This Article will not be applied in such a way that an Employer will be put in violation of Article 10.02
as a result thereof. It is understood and agreed that when an employee works in a Board Area
(including Board Areas not otherwise referred to herein), all terms and conditions set out in this
Collective Agreement will be maintained and the employee will continue to receive his wages rate,
hours of work and fringe benefits, as provided for in this Collective Agreement and that are applicable
in the Board Area in which he regularly works, unless the employee is working in a Board Area where
such terms and conditions are specifically governed by a Schedule forming part of this Collective
Agreement and which provides for more beneficial terms and conditions for employee, in which case
the more beneficial terms and conditions shall apply.
ARTICLE 9 - PAYMENT OF WAGES
9.01 (a)
It is agreed and understood that all employees shall be paid on a weekly basis.
However, all employees shall receive their cheque no later than Thursday on or before 5:00 p.m. in any
given week.
The employee's pay slips shall outline his hourly rate, all hours worked, overtime hours,
vacation pay, deductions for income tax, unemployment insurance, pension, etc. where applicable.
(b)
Whenever Employment Insurance Separation Slips and pay cheques are not given to
employees at the time of termination, they shall be sent by the Employer concerned to the employee by
registered mail to his last known address within three (3) days of the time of termination.
ARTICLE 10 - CONTRACTING I SUB-CONTRACTING
10.01
When the work which is to be contracted or sub-contracted falls within the jurisdiction
of Local 183 then such work must be contracted or sub-contracted to contractors who are bound to this
Agreement or the appropriate agreement set out in Article 12.04 whichever is applicable to the specific
work involved.
10.02
When required to excavate an exterior lateral, the Employer will use its best efforts
which will include a call to a designated Union Representative prior to the
award of the Sub- contract
Note:
The Union undertakes to provide the Association with a list of contractors who
are capable of performing Concrete and Drain excavation work
E. &O.E.
Page30
ARTICLE 11 - TRAVEL TIME AND OUT-OF-TOWN ALLOWANCE
No travelling expenses will be paid on jobs located within the area described in the
11.01
attached Schedule "C".
11.02
Travelling and Room and Board Allowance: For all jobs outside the geographical area
described in the attached map, the following travelling expenses will apply:
(a)
Effective May 1, 2013, if employers provide a company vehicle, fifteen dollars ($15.00)
per day shall be paid.
(b)
Effective May 1, 2013, employees who are required to use their own transportation
at the request of the Employer will be paid forty-two cents ($0.42) per road
kilometre from the work site to the nearest point of the boundary of the Metro area.
11.03
It is understood that if an Employer requires an employee to be out of town overnight,
the Employer will provide at his own expense adequate room and board for the employee, or will pay
to the employee a daily allowance of ninety-five dollars ($95.00) per day to a maximum of four
hundred and seventy-five dollars ($475.00) per week.
11.04
If an Employer instructs an employee to attend a worksite, in the City of Toronto, with
his own vehicle, the Employer shall reimburse the employee for the costs of the parking if the
employee provides a receipt.
11.05
An employee required to work out of town by his Employer in the circumstances
contemplated above the Employer will maintain the rates of wages and overtime rates and all fringe
benefits provided for in this Agreement, including but not limited to Health and Welfare, Pension,
Vacation and Statutory Holiday Pay, Training and Union Dues.
E. &O.E.
Page31
SCHEDULE "C"
MAP
9
"',_q
z
0
'"
5
/
E. & 0.E.
Page32
SCHEDULE "D"
NOTICE OF PROJECT START
Concrete and Drain
Date:
Concrete & Drain Contractor:
~~~~~~~~~~~~~~~~~~~~~
Address:
Buildersilleveloper:
(Name of Builder &
Project Name)
Location of Project:
(Intersection or address,
if available)
Municipality (if known):
Please send notice to:
Attention: John DaSilva
LIUNA Local 183
1263 Wilson Avenue-Toronto, Ontario, M3M 3G3
Tel: (416) 241-1183; Fax: (416) 241-9845
OCDCA & LI UNA Local 183 2013-2016 Collective Agreement
E. & O.E.
Page33
LETTER OF UNDERSTANDING NO. 1
BETWEEN:
(the "Association")
-andLABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
("Local 183")
RE: Training Curriculum
In conjunction with the L.I.U.N.A. Local 183 Life Long Leaming Centre, the Ontario
Concrete & Drain Contractors' Association (OCDCA) agrees to the development of a Training
Curriculum, prepared by the Centre and directed to the employees of the OCDCA member companies.
It is understood that Ergonomic Training will be an integral component of said curriculum.
ON BEHALF OF
ational Union of North America, Local 183
E. & 0.E.
Page34
Letter of Understanding No. 1
Training Curriculum
ON BEHALF OF
ineers, Local 793
JOE REDSHAW, PRESIDENT
ALEXLA~U~
RICK~~
OCDCA & LI UNA Local 183 2013-2016 Collective Agreement
E.&O.E.
Page35
BETWEEN:
(the "Association")
-andINTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
("Local 793")
RE: Owners I Operators
It is agreed and understood that the Employer will advise Local 793 of any owner/operator
which an Employer employs or intends to employ for the purpose of allowing Local 793 to verify the
status of its owner/operator.
The parties agree to establish a committee of three (3) representatives from the Ontario
Concrete and Drain Contractors' Association and three (3) representatives from Local 793 to meet and
attempt to set up special rates and conditions for operator trainees.
ON BEHALF OF
ALEX~R
RICK KERR, VINCE PRESIDENT
PONDING SECRETARY
E. & O.E.
Page36
BETWEEN:
(the "Association")
("Local 183 ")
-andINTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
("Local 793 ")
RE: Trainees
The Employer may hire a trainee, who shall be a person new to the industry on the following terms and
conditions:
1.
The Employer notifies the Union of the hiring of a trainee who shall obtain a referral
slip from the Union and shall join the Union no later than the first (1 '') Saturday after he
commences work;
2.
An Employer may hire one (1) trainee per crew with a maximum of not more than two
(2) trainees for every ten (10) employees, excluding working foremen;
3.
All trainees will be laid off prior to the lay off of any other employees;
4.
An individual shall be classified as a trainee for six (6) months;
5.
The wages payable to a trainee shall be as follows:
(a)
For the first two (2) months - sixty percent (60%) of the regular wage rate
(b)
For the last four (4)months - eighty percent (80%) of the regular wage rate
(c)
For all six (6) months, vacation pay and benefits shall apply as per the
Collective Agreement.
The parties agree that this will only apply to New Trainees and any trainee currently in
the system will be grandfathered such that the current rates shall apply.
6.
It is further agreed that where an Employer employs more than one (1) trainee, they
shall be employed in different classifications.
E. & O.E.
Page37
Trainees
ON BEHALF OF
Labourers' International Union of North America, Local 183
ON BEHALF OF
International Union of Operating Engineers
ocal 793
ALEX LAW, TRESAURER
~~
RICK KERR, vrcE"PRESIDENT
SECRETARY
E. & O.E.
Page38
BETWEEN:
(the "Association")
-andLABOURERS' INTERNTIONAL UNION OF NORTH AMERICA, LOCAL 183
("Local 183 ")
RE: Name of the Union
The parties agree that, during the term of this Collective Agreement, Local 183 has the right
to, and may, change its name.
The Employer agrees that upon written notice from Local 183 that is has formally changed
its name, Local 183, under its new name, will enjoy all status, rights, obligations, and privileges under
this Collective Agreement and otherwise, and shall be recognized by the Employer as the same union
as under its previous name.
The parties agree that this Letter forms part of the Collective Agreement and may be
enforced as such.
ON BEHALF OF
ntractors' Associa · n
E. & O.E.
Page39
Name of Union
ON BEHALF OF
MIKE GAL
JOE RE
ALEX LAW, TRESAURER
RICK~
E. & O.E.
Page40
BETWEEN:
(the "Association")
-and-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
("Local 183")
-and-
("Local 793 ")
RE: New or Existing Entities
The Employer hereby confirms that it is not carrying on associated or related activities or
businesses by or through more than one (1) corporation, individual, firm, syndicate, or other entity or
association or any combination thereof, under common control or direction, that is not signatory to
this Collective Agreement. For the purpose of this Letter, "activities" include any activities
contemplated by the Purpose and Intent, Recognition, and/or Scope clauses of this Collective
Agreement.
The parties further agree that all provisions of Sections 1(4) and 69 of the Ontario
Labour Relations Act (as they exist on the date of signing) are hereby incorporated into and form part
of this Collective Agreement, with such modifications as may be necessary for an arbitrator with
jurisdiction arising out of this Collective Agreement and/or the Expedited Arbitration System and/or
the Ontario Labour Relations Act, to have all of the powers that the Board would otherwise have under
the provisions of the Act.
E. & O.E.
Page41
New or Existing Entities
The parties agree that this Letter forms part of the Collective Agreement and may be
enforced as such.
-------
ON BEHALF OF
JOE R
ALEX
, RESIDENT
LAW~
RICK KERR, VICE PRESIDENT
E. & O.E.
Page42
BETWEEN:
(the "Association")
("Local 183 ")
RE: No Strike - No Lockout Agreement
WHEREAS the Union and the Association have entered into a Collective Agreement,
which is effective on its face from May 1, 2013 to April 30, 2016; and
WHEREAS the Union and the Association contemplate entering into successor collective
agreements, which will be effective on their face from May 1, 2013, to April 30, 2016 and thereafter
from May 1, 2016 to April 30, 2019 (the "successor collective agreements"); and
WHEREAS the Union and the Association are desirous of ensuring that the Concrete &
Drain division of the construction industry in the geographic area covered by the Collective Agreement
will not be subject to strikes and lockouts in future years;
NOW THEREFORE the Union and the Association agree as follows with respect to the
renewal of the two above-noted successor collective agreements:
1.
If the Union and the Association are unable to agree upon the terms and conditions
of both or either of the above-noted successor collective agreements, then on or
about the 30th day of April in both or either 2013 and 2016, either party may refer
the settlement of the new collective agreement to final and binding arbitration;
2.
The Union and the Association agree that in view of the final and binding arbitration
provisions set out herein there will not be, and they will not cause there to be a
strike or lockout following the expiry of the relevant collective agreements in either
2013 or 2016;
E.&O.E.
Page43
No Strike - No Lockout Agreement
3.
The Parties agree that, in order to meet the need for expedition in the construction
industry, they will agree upon a mutually acceptable arbitrator by no later than April
30'h, of each bargaining year, although it is understood that simply agreeing to an
arbitrator in no way means that the agreement(s) must be settled by arbitration;
4.
Upon the issuing of a written notice of desire to proceed to final and binding
arbitration to both the other party and the arbitrator, the arbitrator will commence a
hearing with respect to the arbitration within thirty (30) days of the date of notice or
thereafter if mutually agreed to by the parties;
5.
It is agreed that the arbitrator will hear, and will have the necessary jurisdiction to
determine, all lawful proposal and positions which are put before him/her by either
party, and there is no restriction upon the number of issues which may be put to the
arbitrator. Further, the parties agree that the Arbitration process will not be one of
final selection;
6.
With respect to the agreement set out in paragraph 5 above, the parties agree that
they may mutually agree to modify the arbitration proceedings such that the number
of issues proceeding to arbitration may be limited and/or that final offer selection
may be utilized for all or part of the arbitration procedures in either or both of the
bargaining years;
7.
It is agreed that the arbitrator will issue his/her decision within five (5) days of the
date of hearing and that any aspect of the decision may be retroactive to May 1" of
the appropriate year if the arbitrator so determines;
8.
It is agreed that any arbitrations which are required as between the Union and the
Association will be the "industry arbitration" and accordingly, pursuant to the terms
and provisions of the Collective Agreement, including but not, limited to this Letter
of Understanding, agree that such decisions will be final and binding upon any
Employer, bound to this or any similar independent collective agreement, for all
purposes;
9.
The parties agree the agreements, duties, obligations and rights set out in this Letter
of Understanding form part of the Collective Agreement which is binding upon
them and in addition constitute a settlement of the proceeding under the Act, which
is enforceable under Section 96(7) of the Act and accordingly are enforceable both
as a term and provision of this Collective Agreement and under the provisions of the
Act with respect to settlement of proceedings.
E. & O.E.
Page44
No Strike - No Lockout Agreement
ON BEHALF OF
ON BEHALF OF
JOE RE
, RESIDENT
ALEXL~
E. & O.E.
Page45
BETWEEN:
(the "Association")
-and-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
("Local 183")
-and-
("Local 793 ")
RE: Repetitive Violations of the Collective Agreement
The parties agree that where an Employer has repeatedly violated the terms and
provisions of the Collective Agreement with respect to the payment of wages, the remittances required
by the Collective Agreement to be paid to the Union and/or others and/or the contracting and subcontracting restrictions, the Union may request a complete financial audit of the Employer's books and
records by a qualified accountant to be chosen by the Union. If, following the completion of the audit,
the Employer is found to have further violated any of the terms and provisions of the Collective
Agreement, then, in addition to any other damages or payments which the Employer may be liable for,
the Employer will reimburse the Union for the full costs of the audit. Such reimbursement is to be
considered general damages owing to the Union and accordingly such amounts may be withdrawn
from any bond of Letter of Credit which the Employer is or has been required to provide in accordance
with the terms of the Collective Agreement.
The parties agree that this Letter forms part of the Collective Agreement binding upon
them and may be enforced as such.
E. & O.E.
Page46
Repetitive Violations ofthe Collective Agreement
ON BEHALF OF
ON BEHALF OF
ALEX LAW,
TREAER
RIC~~
E. & O.E.
Page47
BETWEEN:
(the "Association")
("Local 183")
and-
("Local 793")
RE: Remittances and Contributions
.
The above-noted parties agree that during the lifetime of this Agreement Local 183 or
Local 793 shall have the right, at any time to require the Employer to change the amount of
contributions to any of the employee benefit funds set out in the Collective Agreement, by transferring
any portion of the contributions required to be made to any particular employee benefit fund now
existing, other than the Vacation Pay Fund and the Industry Fund, to any other employee benefit fund
now existing or existing in the future provided that there should be no increase in the total monetary
contributions required to be made under this Agreement.
E. & O.E.
Page48
Letter of Understanding No.8
Remittances and Contributions
ON BEHALF OF
nion of North America, Local 183
ON BEHALF OF
JOER
\V:TREAURER
ALEX LA
k?~
E. & O.E.
Page49
BETWEEN:
(the "Association")
("Local 183")
RE: Truck Drivers
Local 183 and the Association agree to delete the Letter of Understanding regarding
stoneslinger drivers dated January 30, 2001 from the Collective Agreement.
It is agreed that all truck drivers, who are direct employees of Employers bouod to the
Collective Agreement are covered by the Collective Agreement.
Notwithstanding Article 10 of Schedule "B", it is agreed that an Employer may contract out
the work performed by truck drivers to Employers not in contractual relations with the Union provided
that the existing truck drivers employed by the Employer are not adversely affected and specifically
are not deprived of overtime opportunities.
It is agreed that all of the remaining terms and conditions of the Collective Agreement shall
apply to truck drivers employed by Employers covered by the Collective Agreement save and except
Schedule B, Article 1, which shall be replaced as follows for truck drivers only:
The following article, Article 1.01 - Schedule "B" shall apply to all truck drivers employed
directly by employers bouod to the collective agreement.
1.01
(a)
The hours of work shall be based upon fifty-five (55) hours per week,
Monday to Friday.
(b)
Overtime at the rate of time and one-half the employees current hourly rate
shall be paid to all employees for all work performed in excess of fifty-five
(55) hours per week, Monday to Friday, inclusive and for all work performed
on Saturday.
(c)
Overtime at the rate of double the employee's current hourly rate shall be paid
to all employees for all work performed on, Suodays and holidays.
(d)
There shall be no pyramiding of overtime.
E.&O.E.
Page SO
Truck Drivers
(e)
This Letter will expire six (6) months after Local 183 demonstrates that at
least seventy (70) stoneslinger trucks are being operated by employees bound
to this Collective Agreement. If there is a dispute over the application of this
clause, this shall be referred to arbitration for final resolution.
ON BEHALF OF
Labourers' In mat· nal Union of North America, Local 183
'
JACKOLIVEI
ON BEHALF OF
JOER
ALEX
'
LA~
RICK KERR. VICE i'kESIDENT
JO
' ETARY
JO
OC A & LIUNA Local 1B3 2013-2016 Collective Agreement
E. 8' O.E.
PageSl
BETWEEN:
, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793
("Local 793 ")
-andONTARIO CONCRETE & DRAIN CONTRACTORS' ASSOCIATION
(The "Employer Association")
RE: Trust Agreement for International Union of Operating Engineers
WHEREAS Local 793 and the Employer Association have engaged in negotiations with
respect to making amendments to, and/or establishing a new Trust Agreement for the administration of
the International Union of Operating Engineers, Local 793 Training Fund ("Training Fund") that will
transfer the power of appointment of Trustees to the Board of Trustees solely to Local 793 as set out in
the Letter of Understanding attached as Schedule "A";
AND WHEREAS Local 793, in its capacity as the Operating Engineers Employee
Bargaining Agency, has presented a similar Letter of Understanding to the one attached as Schedule
"A", to the Operating Engineers Employer Bargaining Agency with respect to the Provincial
Collective Agreement;
NOW THEREFORE the parties agree as follows:
1.
The Employer Association agrees to execute the Letter of Understanding, attached as
Schedule "A", upon receipt of an executed Letter of Understanding between the
Operating Engineers Employer Bargaining Agency and the Operating Engineers
Employee Bargaining Agency with respect to making similar amendments to, and/or
establishing a new, Trust Agreement for the administration of the International Union of
Operating Engineers, Local 793 Training Fund under the Provincial Collective
Agreement.
2.
Any relevant and/or substantive amendments made to the Letter of Understanding
between the Operating Engineers Employer Bargaining Agency and the Operating
Engineers Employee Bargaining Agency shall also be made to the Letter of
Understanding attached as Schedule "A" prior to execution.
E. & O.E.
Page52
Letter of Understanding No. JO
Trust Agreement for International Union ofOperating Engineers
ON BEHALF OF
GAU:~ss
~~
JOEREDS~IDENT
MIKE
MANAGER
LAW,~~
RIC~
ALEX
E. & 0.E.
Page53
LETTER OF UNDERSTANDING N0.11
BETWEEN:
("Local 793")
-andONTARIO CONCRETE & DRAIN CONTRACTORS' ASSOCIATION
(the "Employer Association")
RE: Local 793 Training Fund
WHEREAS the Employer Association members are required to make contributions on
behalf of its employees to the International Union of Operating Engineers, Local 793 Training Fund
(the "Training Fund") pursuant to Article 22.01 of the Collective Agreement between the International
Union of Operating Engineers, Local 793 and the Ontario Concrete and Drain Contractors' Association
(the "Ontario Concrete and Drain Agreement");
NOW THEREFORE the parties agree with each other as follows:
1.
The Employer Association agrees that from and after the effective date of the Ontario
Concrete and Drain Agreement, the Training Fund shall continue and the Employer
Association members shall make contributions in accordance with the applicable rates;
2.
As of the effective date of the Ontario Concrete and Drain Agreement, the Employer
Association will agree to amend the Trust Agreement of the Training Fund (the "Trust
Agreement") so that the Employer Association and any of the other Party Associations
will no longer have the right to appoint Trustees to the Board of Trustees, and any
power of appointment which they have will be transferred to Local 793, which shall
appoint all of the members of the Board of Trustees;
3.
The Employer Association agrees to serve notice on any Trustees appointed by the
Party Associations to the Trust Agreement that they are removed as Trustees of the
Training Fund;
4.
The Employer Association agrees that it will take all necessary steps and execute any
necessary documents, including but not limited to amendments to the Ontario Concrete
and Drain Agreement, to effect the removal of the Employer Trustees and the power of
the Party Associations to appoint any Trustees under the Trust Agreement and will
consent to any variation of the Training Fund if necessary;
E.&O.E.
Page54
Local 793 Training Fund
5.
The Employer Association further agrees that if for any reason it is not immediately
possible to remove all Employer Trustees from participation in the Training, at the
written direction of Local 793, the Employer Association shall make contributions to
such new training trust fund as may be designated by Local 793 where all of the
Trustees are appointed by Local 793.
6.
The parties agree this Letter of Understanding forms part of the Ontario Concrete and
Drain Agreement and may be enforced pursuant to the terms and conditions therein.
ON BEHALF OF
MIKE
GAL~u;;;;;;;:-;;AGER
TR~
RIC~~
ALEX LAW,
J
E. &O.E.
Page SS
BETWEEN:
(the "Association")
-and-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 183
("Local 183 ")
RE: Health and Safety
The parties agree that occupational health and safety 1s vitally important to all
employees working under this Collective Agreement.
The parties agree that occupational health and safety training is crucial in order for all
persons to comply with the Occupation Health & Safety Act.
Therefore, the parties agree to support the goal of providing a healthy and safe
workplace by encouraging and facilitating:
•
A co-operative attitude and approach to health and safety in the workplace by all
persons;
•
Attendance at all relevant health and safety training programs run by the Training
Centre;
•
Compliance with the provisions of the Occupational Health & Safety Act and its
Regulations;
•
Compliance with the objectives and provisions of legitimate and valid employer health
and safety policies; and
•
Effective communication and a pro-active approach to all health and safety matters.
E. & O.E.
Page56
Health and Safety
The parties are confident that by encouraging the foregoing principles of education, cooperation, and responsibility that they will be able to promote and achieve a safe workplace for all
persons.
Signed and dated at Toronto this 18th day ofNovember, 2013.
ON BEHALF OF
·on of North America, Local 183
<
JACK OLIVEIRA
ON BEHALF OF
GSECRETARY
E. & O.E.
Page57
BETWEEN:
(the "Association")
-and-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 183
("Local 183 ")
RE: Health and Safety Training
WHEREAS the Association and Local 183 are jointly committed to a safe and healthy work
environment and recognize the importance of appropriate training to ensure that employees have the
requisite knowledge to work in a healthy and safe manner; and
WHEREAS the Association and Local 183 wish to ensure the employees benefit from
Occupational Health and Safety training appropriate to their work industry; and
WHEREAS the Association and Local 183 have agreed to include a certification
requirement as a condition of employment in Article 13.10; and
WHEREAS the parties wish to provide transition provisions to ensure that the application
of Article 13.10 does not cause a hardship for employees or the Employer;
NOW THEREFORE the Association and Local 183 agree as follows:
1.
By no later than July 1, 2007, the Employer shall complete an inventory of each employee's
health and safety certificate status;
2.
Within sixty (60) days of completing the inventory, the Employer shall notify each
employee, in writing with a copy to Local 183, of which certifications the employee is
required to obtain or to maintain current;
3.
The employee shall be required to obtain the identified certification(s) on his own time, but
in the event that the Employer fails to provide the requisite written notice, the Employer
shall pay the employee his regular hourly rate for each hour spent taking the required
courses;
E. & OE.
Page SB
Health and Safety Training
4.
Each employee shall obtain the required certification(s) as identified by the Employer prior
to commencing work on Aprill, 2008;
5.
Commencing with the construction season on April 1, 2008, Local 183 agrees that it shall
not dispatch persons to work for an Employer who has not obtained the certification(s)
required for the type of work to be performed and the Employer agrees not to employ
persons who have not obtained such certificate(s);
6.
After April 1, 2008, if an Employer is required to hire a new employee to the concrete and
drain sector in accordance with the provisions of the Agreement, Local 183 shall issue a
referral slip in accordance with Article 3.01 and the employee must attend the Concrete and
Drain Safety Program training course as soon as it is offered by the Life Long Learning
Centre Inc. after being hired and attain a certificate of program completion on the
employee's own time;
7.
Nothing in this Agreement can be taken to abrogate the responsibilities of the Employer,
the Union, or the employee pursuant to the provisions of the Occupational Health and
Safety Act.
ON BEHALF OF
JACK OLIVEIRA
E. & O.E.
Page59
Health and Sqfety Training
ON BEHALF OF
ALEXLAW,TR~R~
RICK KERR, VICE PflES!DENT
~
y
E. & O.E.
Page 60
BETWEEN:
("Local 793")
-and-
(the "Employer Association")
RE: SUB-CONTRACTING
WHEREAS the parties have agreed to continue to meet and discuss issues surrounding the work of
Operating Engineers as it relates to this Collective Agreement, including sub-contracting,
incorporation of cross-over clauses, and other issues of importance to the industry;
NOW THEREFORE the parties agree as follows:
I. The parties agree to establish a committee of three (3) representatives of the Association and
three (3) representatives of the Union who will meet at least quarterly. The parties will each
advise each other of their representatives within two (2) weeks of signing this Letter of
Understanding.
2. The parties agree that the first meeting of the Committee will occur by no later than July 31,
2013 and at that time the parties will establish the dates and times for their next meeting(s).
3. The parties agree that this Letter of Understanding forms part of the Collective Agreement and
is enforceable as such.
E. & O.E.
Page 61
Sub-Contracting
ON BEHALF OF
MIKEGALLAG~
JOE RE
E. & O.E.
Page62
APPENDIX "A"
Article 18 of the Master Portion requires that the Employer shall make a single monthly
payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension
Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that
the contributions are allocated and made on behalf of each Employer and employee to the Health Plan
and the Pension Plan as follows:
Effective May l, 2013:
(i)
For employees with $6, 750.00.00 or fewer dollars in their Health Plan Dollar Bank:
•
$5.47 to the Pension Plan; and
•
$4.65 plus retail sales tax (RST) at the applicable rate on these contributions to the
Health Plan.
(ii)
For employees with more than $6,750.00 in their Health Plan Dollar Bank:
•
$10.12 to the Pension Plan for Benefits; and
•
$0.3 8 to be applied towards the cost of administering the Pension Plan; and
•
Nil ($0) to the Health Plan.
Effective May l, 2014:
(i)
For employees with $6, 750.00 or fewer dollars in their Health Plan Dollar Bank:
•
•
Health Plan.
(ii)
For employees with more than $6,750.00 in their Health Plan Dollar Bank:
•
•
•
$0.39 to be applied towards the cost of administering the Pension Plan; and
E. & O.E.
Page 63
Effective May I, 2015:
(i)
For employees with $6, 750.00 or fewer dollars in their Health Plan Dollar Banlc
•
•
Health Plan.
(ii)
For employees with more than $6, 750.00.00 in their Health Plan Dollar Bank:
•
•
$0.41 to be applied towards the cost of administering the Pension Plan; and
•
Effective on and after January 1, 2010 the amount $6,750.00 in a Member's Health Plan
dollar bank noted in (i) and (ii) above shall be re-determined from time to time as determined by a duly
constituted motion passed by the Board of Trustees of the International Union of Operating Engineers,
Local 793 Members Life and Health Benefit Trust of Ontario, and as conveyed to the administrator.
E. &O.E.
Page 64
APPENDIX "B"
ENFORCEMENT SYSTEM
BETWEEN:
Ontario Concrete & Drain Contractors' Association
(the "Association")
-and-
(the "Union")
WHEREAS, the parties have agreed that they will establish an expedited method of
arbitration.
NOW THEREFORE the parties agree to the following Enforcement Mechanism for
incorporation into the Collective Agreement binding between the parties.
I
EXPEDITED ARBITRATION
(A)
Arbitrator
Laura Trachuk and Michael Horan, or an arbitrator who is mutually agreeable to both
parties will be the arbitrator for this Enforcement System.
(B)
1.
Expedited Arbitration Procedure
The term "Grievance", wherever used in this Enforcement System, shall mean a
grievance concerning the interpretation, application, administration or alleged violations
of a provision of the Collective Agreement including but not limited to:
payment for hours worked;
rates of pay;
overtime premiums;
travelling expenses;
room and board allowances;
reporting allowances;
welfare, pension, industry fund and any other funds, dues or other form of
compensation to or on behalf of an employee and/or the Union
Notwithstanding 7.09 a discipline and/or discharge grievance may be
referred to the Expedited Enforcement System only if the Employer agrees
to in writing.
E. & O.E.
Page65
2.
Any party bound by this Enforcement System may initiate the Expedited Arbitration
process by service of a Grievance, in writing, by facsimile transmission, registered mail,
regular mail or courier (including Canada Post Courier) on the affected Contractor.
Service shall be deemed to be achieved if the Grievance is received at the last known
address of the Contractor; whether listed in the original Collective Agreement or not, at
an alternate address for which written notification has been forwarded to the Union.
3.
The Union may refer any Grievance concerning a violation of the Collective Agreement
to Expedited Arbitration. Notice of such referral to Expedited Arbitration shall be
served by facsimile transmission, registered mail, regular mail or courier (including
Canada Post Courier) upon the Contractor, the Association and the Arbitrator.
4.
Service shall be effective on receipt, if facsimile transmission, courier registered mail or
regular mail is used and all parties, shall be deemed to have been properly notified.
5.
The Arbitrator shall commence the Expedited Arbitration Hearings no sooner than five
(5) days from the date of service of the Referral to Expedited Arbitration. Counsel, if
retained by a party, must be able to accommodate the hearing schedule as set by the
Arbitrator. Adjournments will not be granted because of the unavailability of counsel,
for business demands or because a party asks for additional time to prepare.
6.
Subject to the discretion of the Arbitrator, the Expedited Arbitration Hearings shall be
held at the Union office, and may be scheduled by the Arbitrator to commence after
normal business hours including Saturdays and Sundays.
7.
Where the Arbitrator finds the Contractor in breach of the Collective Agreement, the
Arbitrator shall order the Contractor to pay all amounts owing with respect to violations
of the Collective Agreement. For the following specific types of violations the
following terms will apply:
(a)
For payment of hours of work, rates of pay, overtime premiums, travel expenses,
room and board allowances or any other form of compensation to an employee in
accordance with the following;
(i)
Where the Grievance is initiated between one (1) and sixty (60) days
after the circumstances giving rise to the Grievance became known or
ought reasonably to have become known to the affected employee(s) the
Arbitrator shall award the affected employee(s) recovery of one hundred
percent (100%) of the unpaid amounts; or
(ii)
Where the Grievance is initiated at any time beyond sixty-one (61) days
after the circumstances giving rise to the grievance became known or
ought reasonably to have become known, to the affected employee(s) the
Arbitrator shall award recovery of seventy-five (75%) percent of unpaid
amounts to be paid to the affected employee(s) and twenty-five (25%)
percent of the unpaid amount to be paid to the Union in the form of
damages.
E. & O.E.
Page 66
(b)
For payments in respect of Welfare, Pension, Prepaid Legal, Health and Safety,
Training, Union Dues, Working Dues, and Industry Fund or any other fund
referred to in the Collective Agreement, or any other form of compensation
payable on behalf of an employee or to the Union and any interest or penalty
payments provided for in the Collective Agreement, the Arbitrator shall award
recovery of one hundred percent (100%) of the unpaid amounts.
8.
The Arbitrator shall have the power to make the Arbitrator's cost (fees and expenses) an
Award or part of any Award against any party and to be payable to the Union and the
Association equally in trust for the Arbitrator.
9.
(a)
This arbitration process shall be in addition to and without prejudice to any other
procedures and remedies that the parties may enjoy including applications to a
court; or to the Ontario Labour Relations Board pursuant to section 96 of the
Labour Relations Act, 1995, as amended; or the Construction Lien Act; or any
other operative legislation; or as provided for under the Collective Agreement. ,
(b)
Any Grievance concerning the interpretation, application, administration or
alleged violation of the Collective Agreement may be processed through the
grievance/arbitration procedure outlined in the Collective Agreement or under
this Enforcement System or referred to arbitration pursuant to section 133, or
any other applicable section, of the Labour Relations Act, 1995 provided
however that any Grievance may not be processed under more than one (1) of
these arbitration mechanisms.
(c)
Where a Grievance has been properly referred under the procedure provided for
in this Enforcement System, it is understood and agreed that all of the parties
shall be deemed to have waived any right to refer the Grievance to arbitration
under section 133 of the Labour Relations Act, 1995_or pursuant to the
appropriate Articles of the Collective Agreement and any such referral shall be
null and void.
(d)
In the alternative, should a grievance which has been or could have been
referred to arbitration under this system be referred to arbitration under section
133 of the Labour Relations Act, 1995 or under the appropriate articles of the
Collective Agreement, and should the Ontario Labour Relations Board, or any
other Arbitrator determine it has jurisdiction, then the parties agree that the
terms of this Enforcement System form part of the Collective Agreement and
will be applied as such and will be varied solely to reflect the different method
of referral.
(e)
It is understood and agreed that the Arbitrator's decision is final and binding
with respect to those matters referred to the Arbitrator. The Arbitrator shall
have all the powers of an Arbitrator under the Labour Relations Act, 1995, as
amended, including but not limited to the power to require records and/or
documents to be produced prior to and/or at the hearing and the power to issue
summons to witness and to thereby compel attendance. The decision of the
Arbitrator, inclusive of orders for payment of any monies in respect of damages,
costs, Arbitrator's fees and/or penalties, is deemed to be a decision of an
E.&0.E.
Page 67
Arbitrator pursuant to the Labour Relations Act, 1995, as amended, and
enforceable as such.
10. At Expedited Arbitration the Arbitrator shall not have any power to alter or change any
of the provisions of this Enforcement System or substitute any new provisions for any
existing provisions nor give any decision inconsistent with the provisions of this
Enforcement System and the Collective Agreement.
II.
UNION INVESTIGATION COMMITTEE
I.
The Union shall establish a Union Investigation Committee consisting of the following
persons:
(a)
the Business Manager or his designate; and
(b)
the Sector Co-Ordinator or his designate; and
(c)
the Union Legal Co-Ordinator or his designate.
2.
The Union Investigation Committee shall meet, as necessary, to investigate any
complaint that the Union Business Representative(s) or Union Member(s) have agreed
to and/or condoned violations of the Collective Agreement or otherwise failed to take
appropriate action or acted inappropriately in dealing with violations of the Collective
Agreement and/or the Enforcement System.
3.
The Union Investigation Committee shall have the power to recommend that charges
under the Union Constitution be brought against the Union Business Representative(s)
and/or Union Member(s) in respect of the allegations brought to its attention.
4.
The Union Investigation Committee shall prepare a report of the results of any
investigation of complaints including its conclusions as to the validity of the complaints
and any action taken to deal with the matters raised.
5.
A copy of the report prepared by the Union Investigation Committee will be provided to
the Labour-Management Joint Committee.
6.
In the event that the Labour-Management Joint Committee is not satisfied with the
report of the Union Investigation Committee, in that it is not satisfied with the
appropriateness of the Union's response, or is deadlocked over the issue, any member
of the Labour-Management Joint Committee may refer a complaint to the Arbitrator for
a determination.
7.
Any reports or investigations are to be strictly confidential and are to be used only in
reference to Article II herein.
E.&O.E.
Page68
III
LABOUR-MANAGEMENT JOINT COMMITTEE
I.
The Labour-Management Joint Committee shall be established consisting of the
following persons:
(a)
The Business Manager or his designate: and
(b)
The Union Sector Coordinators or their designates; and
(c)
A representative designated by the Toronto Residential Construction Labour
Bureau; and
(d)
A representative designated by the applicable Contractors' Associations.
2.
A quorum of the Labour-Management Joint Committee shall be the duly-appointed
members or their proxies.
3.
The Labour-Management Joint Committee will meet to discuss matters of joint interest,
including the interests of the Industry, problem solving, monitoring and evaluating
compliance with the Collective Agreement and this Enforcement System within seven
(7) working days of notice, in writing, of a request for a meeting by any Committee
Member. The Union Business Manager shall schedule all such meetings after
consultation with the other Labour-Management Joint Committee Members.
4.
Decisions of the Labour-Management Joint Committee shall be taken by consensus and
with the unanimous support of all members of the Committee.
5.
In the event the Labour-Management Joint Committee is unable to agree on a course of
action to deal with a matter, the Arbitrator shall attempt to mediate any disagreement.
Failing resolution of the matter at mediation, the Arbitrator shall cast a deciding vote.
6.
The Labour-Management Joint Committee may augment and improve the Enforcement
System only upon unanimous agreement of the Committee members. The deciding
vote of the Arbitrator shall not apply to any issues involving any such improvements to
this Enforcement System. The Labour-Management Joint Committee shall not have the
power to derogate in any material fashion from this Enforcement System.
7.
The Labour-Management Joint Committee shall have no power to order the Union, its
Business Representatives and /or its members to post a bond or Letter of Credit to
secure payment of damages or levies or impose discipline, fines, suspensions or
expulsions. Such proceedings must occur under the Union Constitution. Any
complaint that may warrant such remedial action may be initiated by any party in
writing to the Union Investigation Committee.
8.
The Labour-Management Joint Committee may initiate proceedings before the Ontario
Relations Board on behalf of the Union and the Toronto Residential Construction
Labour Bureau and the Association to compel compliance with the Collective
Agreement and this Enforcement System, in circumstances where it is satisfied that
E. &O.E.
Page 69
there is a deliberate concerted effort to undermine, evade and/or avoid the provisions of
the Collective Agreement and this Enforcement System.
ON BEHALF OF
Labourers' International Union ofNortlvAmerica, Local 183
JACK OLIVEIRA
ON BEHALF OF
E.&O.E.
Page 70

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